VidhiSangh

Supreme Court of India · 09/01/2025

GOVERDHAN & ANR. versus STATE OF CHHATTISGARH

[2025] 1 S.C.R. 657 · 2025 INSC 47

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Summary

The Supreme Court upheld the finding that the two appellants fatally assaulted the deceased, relying on the mother's eyewitness account corroborated by a prompt FIR, an early medical record and medical opinion, despite most witnesses turning hostile. It held that the co-accused father's acquittal did not entitle them to parity, but because premeditation and motive were not established and death followed after two days from cumulative head injuries, it altered the conviction from Section 302 to Section 304 Part I IPC and reduced the sentence to the period already served with a fine.

Issues

  1. Whether the concurrent conviction under Section 302/34 IPC, resting mainly on the testimony of the deceased's mother as the sole eyewitness, called for interference under Article 136.
  2. Whether the delay of five days in recording the mother's Section 161 CrPC statement, alleged improvements, and her relationship to the deceased made her testimony unreliable.
  3. What evidentiary value attaches to an FIR and to statements of witnesses who later turn hostile.
  4. Whether the appellants were entitled to acquittal on parity with their father, whom the High Court acquitted.
  5. Whether the offence was murder or culpable homicide not amounting to murder.

Provisions considered

Held

Result

Appeal partly allowed; conviction altered from Section 302/34 to Section 304 Part I IPC; sentence reduced to the period already undergone (over 10 years) with a fine of Rs. 50,000 on each appellant payable to the deceased's family through his mother, in default six months' simple imprisonment; bail bonds to stand discharged on payment or on serving the default sentence.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 657.